Flosi v. Board of Fire & Police Commissioners

582 N.E.2d 185, 221 Ill. App. 3d 858
CourtAppellate Court of Illinois
DecidedOctober 4, 1991
DocketNo. 3—90—0757
StatusPublished
Cited by3 cases

This text of 582 N.E.2d 185 (Flosi v. Board of Fire & Police Commissioners) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flosi v. Board of Fire & Police Commissioners, 582 N.E.2d 185, 221 Ill. App. 3d 858 (Ill. Ct. App. 1991).

Opinion

JUSTICE HAASE

delivered the opinion of the court:

The plaintiff, Steven Flosi, filed a complaint for administrative review in the circuit court of Whiteside County seeking to set aside the decision of the defendant, the Board of Fire & Police Commissioners of the City of Rock Falls (Board), which had ordered that Flosi be discharged from the police department. The circuit court affirmed the Board’s decision. Flosi appeals. We reverse.

On November 12, 1987, the mayor of the City of Rock Falls, James Arduini, brought a complaint against Flosi alleging that he repeatedly and for no valid law enforcement purpose had contact with Patti Doyle, a person known to be illegally associated with or addicted to controlled substances. The complaint further alleged that Flosi’s conduct was “cause” for discharge from employment under section 10 — 2.1—17 of the Board of Fire and Police Commissioners Act (Ill. Rev. Stat. 1989, ch. 24, par. 10 — 2.1—17). It also alleged that his conduct was a violation of a provision of the City of Rock Falls police department manual which provides that an employee should not engage in conduct which impedes the department’s efforts to achieve its goals or brings discredit upon the department.

At the hearing before the Board on the mayor’s complaint, Illinois State Police Lieutenant Dave Reed testified that on March 24, 1987, Flosi told him that he was cultivating Doyle as a confidential source. At that time, Reed informed Flosi that Doyle had been arrested for a Class X drug offense. Prior to their conversation, Reed did not know that Flosi was intending to use Doyle as a confidential source.

Lieutenant Reed further testified that Doyle had a reputation in the community for using and selling cocaine. He also noted that she lived with Gary Stevens, who was known to sell cocaine.

According to Lieutenant Reed, police executed a search warrant at Doyle’s residence on March 23, 1987, discovering cocaine and drug paraphernalia. In September of 1987, Reed saw Flosi and Doyle together at a restaurant. Reed stated that his department would never deal with informants in public. He also noted that his department became reluctant to share information with the Rock Falls police department because of Flosi’s relationship with Doyle.

Whiteside County Sheriff Lester Kimmel testified that Doyle had an extensive criminal history involving drug offenses and retail theft. He further testified that she had a reputation for being involved with narcotics. Kimmel noted that the telephone log from the county jail showed that Doyle called Flosi on March 24, 1987, while she was incarcerated at the jail.

According to Kimmel, during the last week of March he had a meeting with the Whiteside County State’s Attorney, the Rock Falls chief of police, and Lieutenant Reed. At that meeting, Kimmel told the Rock Falls chief of police that he believed Flosi had breached standards of good police conduct with regard to his relationship with Doyle. Kimmel also told him that it was extremely difficult to have confidence in the Rock Falls police department while Flosi was carrying on a close relationship with a known substance abuser.

Whiteside County Sheriffs Department Sergeant Dennis Schantz testified that he arrested Doyle on March 23, 1987, at a Rock Falls tavern and then transported her to the Rock Falls police department. As they pulled into the parking lot of the station, Flosi met them. According to Schantz, when Doyle exited the squad car she began to cry and Flosi put his arm around her shoulder and told her everything would be alright. Shantz also stated that Flosi had told her that he knew this would happen.

Schantz further testified that Flosi took Doyle into his office where they remained for more than two hours. There, they sat side by side at a desk very close to each other. During that time, they each took turns using the phone, and at one point, Flosi was looking through a phone book. Schantz opined that Flosi had not handled the situation like a normal arrest. He explained that normally an arrestee is placed in a holding cell. He noted that he had suggested to Flosi that he place Doyle in a holding cell and Flosi responded that she was okay and was not going anywhere.

Rock Falls police officer Wesley Stern testified that Doyle was known as “snow queen” in the community. According to Stern, he and Officer Schantz arrested Doyle on March. 23, 1987. On the evening of her arrest, Flosi walked down a hallway at the police station with his arm around her back. Schantz intended to put Doyle in a jail cell, but Flosi told him that it was not necessary. Instead, Flosi and Doyle went into an interrogation room and talked. Doyle sat next to Flosi and put her head on his leg. Sometime later, Flosi took Doyle into his office where the two talked further. Stern noted that he was upset about the way Flosi was handling the situation. He also noted that he had not seen anything like it before.

Theresa Siedal, a Rock Falls police dispatcher, testified that during her shift from March 23, 1987, through September 23, 1987, Flosi received about 30 phone calls a week from Doyle. She estimated that the phone conversations generally lasted between 10 and 30 minutes.

Steven Flosi testified that he had been a Rock Falls police officer since 1968. He was eventually promoted to the rank of assistant chief of police. On October 7, 1987, Mayor James Arduini appointed Flosi acting chief of police when the former acting chief retired.

Flosi further testified that his first contact with Doyle in 1987 occurred on March 16. Prior to that time, he had not seen her since 1983. On the evening of March 23, 1987, he made a routine check at the police department. At that time, he discovered that a warrant was being executed at Doyle’s residence. When Doyle arrived at the police station following her arrest, Flosi read her the Miranda warnings and noted that she was intoxicated. They then sat next to each other at a conference table, and Doyle put her head on the table. After Flosi learned that a safe had been found at Doyle’s residence, he attempted to convince her to reveal the combination. He was successful and eventually the safe was opened.

Flosi also testified that during the course of their conversation, Doyle told him that Stevens operated a drug business at their residence. Upon hearing that, he decided that Doyle could be used as an informant if he properly cultivated a relationship with her. He stated that he had developed informants the same way he did Doyle on numerous occasions in the past. The method he used was to befriend a female informant suffering from psychological problems. In the process, he would attempt to gain information leading to the arrest of other suspects. Flosi identified numerous specific instances in which he had successfully used this method. Flosi noted that Doyle had sent him flowers on three occasions and had called him often at the police station. He explained that this showed that his efforts had been effective.

Flosi stated that sometime after March 23, 1987, he had a conversation with his supervisor, the Rock Falls chief of police, regarding the use of Doyle as an informant. As a result of that conversation, the police chief asked him to make written reports about his contacts with Doyle to advise the chief of what was happening.

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582 N.E.2d 185, 221 Ill. App. 3d 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flosi-v-board-of-fire-police-commissioners-illappct-1991.